Just as relationships with life partners have their ups and downs, friendships and acquaintanceships can also be emotionally charged. Domestic violence is limited to those involved in intimate relationships in a household which leaves all other relationship scuffles to fall under charges of assault and battery.
To be charged with assault means that you have allegedly threatened another person with the intent to cause harm through offensive contact. This is a misdemeanor offense unless, however, you have threatened the other person with a deadly weapon. The weapon transforms a misdemeanor assault charge into a felony aggravated assault charge. Accusations of assault are easy to make, even if that was not the intent of the person accused.
Although the term battery is commonly amalgamated in the phrase “assault and battery,” it is a completely separate offense. Battery involves the touching or contact of another with the intent to harm. Similarly to assault, this charge also has two distinctions: misdemeanor and felony. The main difference is if there is a weapon involved or if the harmful contact is intended to kill, rob, or rape. Self-defense is often a justification of any alleged battery case.
Criminal Defense Attorney in Albuquerque, New Mexico
At Patrick J. Martinez & Associates, we understand that assault and battery cases are not always as cut and dry as they may seem. If you have been charged with any degree of assault, battery, or both, we want to hear your side of the story. In our eyes, you are innocent until the state proves otherwise, and we are ready to fight for your innocence in court. Contact Patrick J. Martinez & Associates to speak with our experienced criminal defense attorneys in Albuquerque, New Mexico.